1. ACCEPTANCE OF TERMS
2. GENERAL CONDITIONS OF REGISTRATION
Upon registration as a VITFIT member, you will be provided with a password and account. You must not disclose them to anyone else or allow anyone else to use your account or password. You are entirely responsible for any access to your account, and acknowledge that any access to or use of your account by means of the password associated with that account is deemed to be access or use by you. This includes any purchases made through your account. You agree to pay for our services in the manner specified on the Website.
If you are registering on behalf of a minor, it is your responsibility to inform them of their obligations as a user of this Website and ensure compliance with these terms.
3. GENERAL CONDITIONS OF USE OF SITE
SEEK ADVICE FROM MEDICAL PROFESSIONAL
As with any physical activity, it is important that before beginning any fitness regimen, you consult with your GP or medical practitioner to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.
No information contained in the Website is intended to be used as medical advice and the Website is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information on the Website, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice.
You must consult a qualified medical professional if you have any questions concerning your medical condition or injury.
Our service shall be delivered as described from time to time on our website. You acknowledge and understand that access to any specific trainer mentioned on the Website, including VITFIT, in person, or online is not guaranteed.
INFORMATION PROVIDED ON WEBSITE
All information provided by us on the Website is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from the use of this Website or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.
The VITFIT Coaches include experts on nutrition and fitness. Our experts may receive requests from members about that member’s specific circumstances. Our experts may provide health, fitness or nutritional information for educational purposes. They do not offer or provide professional medical advice, diagnosis, treatment or rehabilitation and may refer the member to certain third party resources. Any referrals to official bodies are not intended to be and should not be construed as an endorsement, promotion or recommendation by us.
Before relying on any nutritional information on the Website, you should carefully evaluate the accuracy, completeness, and relevance of this information for your purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances. However, neither VITFIT nor any other provider of nutritional information on the Website gives any warranty that the information is free from error or suitable for your purposes.
RECOMMENDATIONS ON THE WEBSITE
Certain parts of the Website may provide recommendations based on the input and data that you provide. These recommendations generated by the Website are generic automated responses that are preprogrammed, and they do not take into account any other factors that may be relevant to you. They are provided for your general information purposes only and are not medical or professional opinion or advice. You must not rely on these recommendations, and you should seek professional advice from healthcare professionals. To the extent permitted by law, we are not liable or responsible for any recommendations generated by use of the Website.
Persons with pre-existing medical conditions, in poor health, or with any concerns as to the commencement of a new fitness regime should consult with an appropriate healthcare professional before beginning any of these programs. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Website. The information on the Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional. In particular, if you fall within one of the following classes of persons, then you should first consult a healthcare professional before following any exercise programs or using any of the information on the Website:
- persons with any ongoing physical condition prescribing exercise or physical activity:
- persons suffering from cancer or other long term illness;
- persons with liver disease, kidney disease, or renal failure;
- persons with eating disorders;
- persons with diabetes, blood pressure or cholesterol issues;
- persons recovering from or recently recovered from illness or injury; and
persons with a low body mass index.
- Further, even if you do not fall into the above classes of persons, you acknowledge that the service that we provide on the Website is an information service only, and that you are solely responsible for (at your own discretion) following (or not following) any exercise program or regime that we provide as part of the information service. Our service does not include any supervision or monitoring of your activity, and we are not responsible for any injuries that you may suffer as a result of following the exercise program or regime.
To the extent we supply any “recreational services” or “recreational activities” (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation or corresponding services or activities under any other applicable local law from your jurisdiction), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, those of other users of the Website and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities, but we do not exclude our liability for significant personal injury which is caused by our reckless conduct in the supply of recreational services or activities.
QUALITY OF THE WEBSITE
We do not promise that the Website will be error-free or uninterrupted. The Website and its content are delivered on an “as-is” and “as-available” basis. We can not ensure that files you download from the Website will be free of viruses or contamination or destructive features. Receipt of emails, or other social media based communications, such as Facebook, from us cannot be guaranteed. The delivery of video is dependant upon third party providers and therefore outside of our control. Low internet connection speeds may result in an inability to view high-resolution videos, but we will use our best endeavors to provide an alternative wherever possible.
You may be entitled to a refund in limited circumstances. See the clause (payment and refunds) below for further details.
SECURITY OF INFORMATION
No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
LIMITATION OF LIABILITY
INDIRECT AND CONSEQUENTIAL LOSS
To the extent permitted by law, in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Website, any linked website, your reliance on any information obtained through the Website or your use of any services on the Website, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.
TERMS IMPLIED BY LAW
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to, at our option:
if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or
if the breach relates to services, resupplying, or paying the cost of re-supplying, those services.
To the extent permitted by law, our total liability in respect of all claims in connection with this Agreement (whether based in negligence or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you under this agreement up until and including the date the cause of action accrued.
You agree to indemnify us and our employees, agents and subcontractors, from and against any third party claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us or any third party, which arises as a result of your breach of these terms of your use of the Website.
5. INTELLECTUAL PROPERTY
Unless otherwise indicated and except for any functionalities provided by external websites, copyright in this Website (including its content, materials, recipes, exercise programs, text, graphics, logos, icons, sound recordings, video, software, and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved by us.
All names, logos, and trademarks on this Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
We grant you a personal, limited, revocable, non-exclusive and non-transferable license to access, view, listen to, use and print this Website and its content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.
The following are examples of conduct that are not authorized by these terms:
- sharing the content of this Website or your account with other persons;
- publishing or posting any of the content (such as recipes or exercise programs) on any other website, including on social media pages or websites;
- using the logo or trademarks of this Website, the phrase “Project You – 6 Week Challenge by VITFIT” (or anything substantially identical or deceptively similar), VITFIT or it’s likeness to describe, market, endorse or promote any goods or services (including goods and services such as meal plans and training services);
- registering or maintaining any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by, us or VITFIT and
systematic downloading or “scraping” of a content of the Website.
We may, from time to time, monitor your use of the Website to determine if you are in breach of these terms. Such monitoring may include:
- the frequency and nature of any downloads; and
- the time of access and IP addresses used to access the Website.
We may suspend, limit or terminate your access to the Website (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms.
6. PAYMENT AND REFUNDS
Orders are subject to acceptance by us. Acceptance (or rejection) of an order will be notified to you as part of the ordering procedure. Acceptance and continued access to our service are always subject to payment first being made by you. For the removal of doubt, by placing an order, you make an offer to purchase the relevant subscription that is the subject of your order. We reserve the right to terminate your access to our service if you are not up to date with any payment plan that may be offered.
We expect that we will use PayPal payment gateway and/or a similar service for most financial transactions. We are not able to access your credit card or other financial details and you agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees.
All fees are non-refundable, unless:
- the information service is not available for a period lasting more than 3 days. In this circumstance, a pro rata refund may be granted upon written request by email at [email protected] ,however you acknowledge that we may refuse a request where we are able to provide the information service to you through alternative means (such as email);
- or we agree to issue you with a refund in accordance with the clause (variation) below.
- where you have a legitimate reason or extenuating circumstance if you have paid upfront you may be entitled to a pro rata refund. This is calculated from when you joined. Refunds are not given for non-participation unless there are extenuating circumstances with documentation. (Eg. hospitalization due to serious illness). If you are on a payment plan cancellation of your membership will automatically stop future payments. No refunds will be issued for any previous payments made as you have had access to VITFIT site and weekly emails and content.
Upon receipt of a refund, your agreement with us is at an end and we will cancel your account. You agree that this is your sole remedy in these circumstances.
All fees are non-cancellable and non-refundable except as expressly set out in these terms and conditions. You will not be able to terminate your subscription prior to the end of the subscribed term, and you will not be granted a refund.
- received notice of such changes when we place a notice on the Website setting out the changes; and
If you do not agree with the changes, then prior to you accessing your account you may notify us by emailing [email protected] and requesting a pro-rata refund. Where the proposed changes have more than a minor detrimental effect on your circumstances (in our reasonable opinion), we will refund a percentage of your subscription fee calculated by reference to the amount of time remaining on your subscription.
8. PERSONAL INFORMATION COLLECTION NOTICE
In registering for access or using this Website, you may be required to give us certain personal information in which you have certain rights. Personal information relating to you which we collect, use and disclose may include sensitive information, such as information about your health, your details related to how you pay for our services, your age, height, and weight. If you do not provide all of the personal information that we request, then you may not be able to complete the registration process, or we may not be able to provide all or some our services to you.
PERMISSION TO USE PHOTOGRAPHY, AUDIO OR VIDEO
You consent to us to taking photographs, vision and or audio of you, to making copies of or selling the works, publishing the work in any form, in whole or in part, and to distributing by any medium including, but not limited to, television, print media, internet, other multi media uses or graphic representation, vision or audio.
You consent to us and give us permission to use your photograph, record vision and/or a sound of you for:
- the production of resources/programs that will assist us in the services we provide,
- promoting and advertising resource materials, productions, activities that would assist us with further educational and promotional requirements,
- promoting our courses, programs, services and activities; and
- any commercial distribution of the resulting educational or promotional products/resources.
You agree that any photographs, vision and/or audio of you may be made available by us through publicly accessible sites open to the public and that the content placed may be downloaded by persons accessing such sites. You acknowledge that no fee or payment will be provided by us for your permission and that you waive any claim for remuneration, royalties or any other payment in respect of our use of the works.
9. SEVERANCE & TERMINATION
VITFIT may in its sole and absolute discretion refuse registration, or suspend or terminate membership at any time and for any reason, subject to a valid pro-rata refund of fees.
If a provision of these terms is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms.
The terms underneath the following headings survive the termination and expiry of this agreement: “disclaimer”, “limitation of liability”, “indemnity” and “intellectual property”.
Except where otherwise specified, we may deliver notice to you by means of electronic mail, a general notice on the Website or by other reliable methods.